An Overview of the EB-1 Visa

Migrating to the United States is something that every individual aspires for. Unfortunately, applying for a US visa is a long and tedious process. If you are a foreigner who has an extraordinary ability, an outstanding professor or teacher, or a multinational executive or manager, you can now have an opportunity to immigrate to the United States with an EB-1 visa.

An EB-1 visa can give you the possibility of securing a green card in as little as six months. You can apply for three types of EB-1 petitions:

  • Alien of Extraordinary Ability (EB-1A)
  • Outstanding Researcher/Outstanding Professor (EB-1B)
  • Managers and Executive Transferees (EB-1C)

The biggest benefit that you can derive from an EB-1 visa is that the Labor Certification requirement for green card process is waived. Aside from that, the visa numbers are almost always updated. So you do not have to wait for a long time before applying Adjustment of Status and become a Green Card holder. At the same time, you can file for other immigration petitions under similar categories while your request is pending.

Applying for labor certification can be time consuming and costly on your part. Add to that is the fact that you could still be rejected a labor certification if any US worker if a US worker possessing the minimum technical qualifications for the employment is found even if you asre more suitable based on factors that were not taken into consideration during the certification process.

When applying for an EB-1 visa, the labor certification is not a requirement. For EB1-A, a permanent job is not a requirement. Likewise, applicants need not show that they have a US employer. They only have to show that they will continue working in the field where they have extraordinary skills. In the case of EB-1B and EB-1C, a permanent job is required. In short, a US employer must be the petitoner for EB-1B or EB-1C applications.

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